With over 44 million American households being renters, owning rental properties is a good way to generate income. Not only will it be fairly easy to get tenants, but you can also use property management services to make your life easier.
Unfortunately, with rental properties, you sometimes need to deal with tenant evictions. You need to know what to do in case of an eviction and which eviction laws apply to your state.
So, keep reading to find out more about tenant evictions in Charlotte, North Carolina.
You Need to Legally Terminate the Tenancy First
The first thing you need to do is legally terminate the tenancy through a written notice. Your state will have a termination statute you'll need to follow. To terminate a month-to-month rental agreement in North Carolina, you need to give seven days' notice.
If the tenant doesn't move out or fix the problem that led to the termination, then you can file a lawsuit to evict the tenant.
Some of the most common reasons to terminate the tenancy and evict the tenant include the following:
- Not paying rent
- Engaging in criminal activities
- Breaking the rental agreement
- Staying on the property after the rental agreement expired
Filing a Summary Ejectment
To start the eviction process, you need to file your lawsuit in the appropriate court. Small claims court will usually be the quickest option but only handles lawsuits that don't exceed $10,000. If the lawsuit is bigger, you'll need to file at the district court instead.
When filing your lawsuit, you need to state why you're evicting your tenant and the remedies you're seeking. Remedies usually consist of the following:
- Getting delinquent rent
- Getting back possession of the property
Once you've filed your case, you'll receive a summons and complaint listing. This is where you'll find the date and time for your hearing. In North Carolina, the county sheriff will deliver the summons to your tenant.
The Hearing
As the landlord and the person that filled the lawsuit, you'll need to appear in court to present your case to the magistrate. You'll need all relevant documents, including:
- Proof to support your reason for evicting the tenant
- A copy of the demand notice you sent your tenant
- A copy of the rental agreement
Once you win the eviction case, the magistrate will stipulate that the tenant must leave the rental property.
Once the tenant has left your property, you can prepare the space for your next tenant. To avoid issues with your future tenant, you can hire property management services to help with tenant procurement.
A Landlord’s Guide to Evictions
Dealing with tenant evictions is never a fun experience, but it is a part of being a landlord that you need to prepare for. Understanding the eviction process and eviction laws in your area is crucial if you want to succeed as a landlord. So use this guide to help you know what to do.
If you're in the Charlotte, North Carolina, area, feel free to contact Wilkinson Property Management regarding any tenant eviction questions you might have! Our mission is to maximize the return on your rental investment so you can focus on what is most important.
